[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80993-80994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25393]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-287; RM-11961; DA 23-1055; FR ID 184580]


Television Broadcasting Services Idaho Falls, Idaho

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Video Division, Media Bureau (Bureau), has before it a 
Notice of Proposed Rulemaking issued in response to a Petition for 
Rulemaking filed by NPG of Idaho, Inc. (Petitioner), the licensee of 
station KIFI-TV (KIFI or Station), channel 8, Idaho Falls, Idaho (Idaho 
Falls). The Petitioner has requested the substitution of UHF channel 18 
for VHF channel 8 in the Table of TV Allotments. The Petitioner filed 
comments in support of the petition, as required by the Commission's 
rules (rules), reaffirming its commitment to apply for channel 18.

DATES: Effective November 21, 2023.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at 
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#0f4560766c6a214d6a7d617c7b6a66614f696c6c21686079"><span class="__cf_email__" data-cfemail="fdb792849e98d3bf988f938e89989493bd9b9e9ed39a928b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The proposed rule was published at 88 FR 
60612 on September 5, 2023. The Petitioner filed comments in support of 
the petition reaffirming its commitment to apply for channel 18. No 
other comments were received.
    The Bureau believes the public interest would be served by 
substituting channel 18 for channel 8 at Idaho Falls, Idaho. In support 
of its channel substitution request, the Petitioner states that KIFI 
has received numerous complaints about reception of its channel 8 
facility since the end of the DTV transition in 2009, and that the 
channel substitution will serve the public interest by resolving the 
reception issues currently experienced by viewers in the Station's 
service area and expanding the availability of reliable, free over-the-
air network television service within the Station's market. In this 
regard, the Petitioner notes that the Commission has recognized that 
VHF channels pose challenges in providing digital television service, 
including propagation characteristics in the band that allow undesired 
signals and noise to interfere at relatively farther distances compared 
to UHF channels, and for nearby electrical devices to cause 
interference. Therefore, many current viewers within the Station's 
noise limited service contour who do not currently receive the Station 
will be able to do so once the channel substitution is implemented. 
Moreover, when using the Commission's TVStudy software tool, the 
proposed channel 18 facility will create a predicted service loss of 
only 327 persons, which the Petitioner asserts is de minimis.
    As proposed, channel 18 can be substituted for channel 8 at Idaho 
Falls in compliance with the principal community coverage requirements 
of section 73.625(a) of the rules, at coordinates 43[deg]30'04.0'' N 
and 112[deg]39'46.0'' W. In addition, we find that this channel change 
meets the technical requirements set forth in sections 73.616 and 
73.623 of the rules with the following specifications. Although the 
Petitioner's proposal would result in a loss of programming to a 
limited number of viewers, we find that the overall benefits of the 
proposed channel change in resolving reception issues outweighs any 
possible harm to the public interest. When taking into account terrain, 
the Petitioner's proposal would result in a loss of service to 327 
persons, which the Commission considers to be a de minimis loss of 
service.
    This is a synopsis of the Commission's Report and Order, MB Docket 
No. 23-287; RM-11961; DA 23-1055, adopted November 7, 2023, and 
released November 7, 2023. The full text of this document is available 
for download at https://www.fcc.gov/edocs. To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#0c6a6f6f393c384c6a6f6f226b637a"><span class="__cf_email__" data-cfemail="99fffafaaca9add9fffafab7fef6ef">[email protected]</span></a> or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    This document does not contain information collection requirements 
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, therefore, it does not contain any proposed information 
collection burden ``for small business concerns with fewer than 25 
employees,'' pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the 
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to 
this proceeding.
    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.


0
2. In Sec.  73.622(j), amend the Table of TV Allotments, under Idaho, 
by revising the entry for Idaho Falls to read as follows:


Sec.  73.622  Digital television table of allotments.

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    (j) * * *

[[Page 80994]]



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                 Community                           Channel No.
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                                  Idaho
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                                * * * * *
Idaho Falls...............................  18, 20, 36.
 
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[FR Doc. 2023-25393 Filed 11-20-23; 8:45 am]
BILLING CODE 6712-01-P


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